The Leonardtown Town Council has enacted this chapter for the
purpose of prohibiting certain development projects from cutting or
clearing forest within the Town of Leonardtown unless a forest stand
delineation and a forest conservation plan are in effect, and requiring
the afforestation of sites presently without forest. In accordance
with the requirements of the Natural Resources Article of the Annotated
Code of Maryland, §§ 5-1601 through 5-1612, the provisions
of this chapter are enacted.

Farming activities, including plowing, tillage, cropping,
installation of best management practices, seeding, cultivating and
harvesting for production of food and fiber products (except commercial
logging and timber harvesting operations), the grazing and raising
of livestock, aquaculture, sod production, orchards, nursery and other
products cultivated as part of a recognized commercial enterprise.

Manufacturing operations, office complexes, shopping centers
and other similar uses and their associated storage areas, yards and
parking areas, and corresponds to Highway Commercial, Commercial Office
and General Commercial Zoning Districts.

An agreement entered into by an individual owning a forest
mitigation bank and the Town of Leonardtown, which commits the banker
to certain procedures and requirements when creating and operating
the forest mitigation bank.

Areas zoned for densities greater than one dwelling unit
per acre, including both existing and planned development and their
associated infrastructure, such as roads, utilities, and water and
sewer service. These include zoning categories R-SF, R-MF, and PUD-M
within the Town limits.

A stream in which surface water is absent during a part of
the year as shown on the most recent seven-and-five-tenths-minute
topographic quadrangle published by the United States Geologic Survey
as confirmed by field verification.

A unit of land, the boundaries of which have been established
as a result of a deed or previous subdivision of a larger parcel,
and which will not be the subject of further subdivision, as defined
by the Natural Resources Article of the Annotated Code of Maryland,
§ 5-1601, and this chapter, without an approved forest stand
delineation and forest conservation plan.

Areas zoned for densities greater than one dwelling unit
per five acres and less than or equal to one dwelling unit per acre,
including both existing and planned development and their associated
infrastructure, such as roads, utilities, and water and sewer service.

A single, relatively high-density development project, usually
commercial in nature, which includes two or more types of uses. These
include zoning categories C-B, C-O, C-H, C-M and C-SC within the town
limits.

Except in agriculture and resource areas, the total area of
a site, including both forested and nonforested areas, to the nearest
1/10 acre, reduced by the area found to be within the boundaries of
the one-hundred-year floodplain; and

In agriculture and resource areas, the part of the total tract
for which land use will be changed or will no longer be used for primarily
agricultural activities, reduced by that area where forest clearing
is restricted by another local ordinance or program; and

For a linear project, the area of a right-of-way width, new
access roads, and storage; or the limits of disturbance as shown on
an application for sediment and erosion control approval or in a capital
improvements program project description.

Inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and which under normal conditions
does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions, commonly known as "hydrophytic vegetation";
and

Considered a nontidal wetland in accordance with the publication
Federal Manual for Identifying and Delineating Jurisdictional Wetlands,
published in 1989 and as may be amended and interpreted by the United
States Environmental Protection Agency.

A flood which has a one-percent chance of being equaled or
exceeded in any given year. Except for Class III waters (natural trout
streams), a body of water with a watershed less than 400 acres is
excluded.

An area along or adjacent to a stream or body of water, except
tidal waters, that is capable of storing or conveying floodwaters
during a one-hundred-year-frequency storm event, or a one-hundred-year
flood.

A stream containing surface water throughout an average rainfall
year, as shown on the most recent seven-and-five-tenths-minute topographic
quadrangle published by the United States Geologic Survey, as confirmed
by field verification.

The federal government, the state, a county, municipal corporation
or other political subdivision of the state, or any of their units,
or an individual, receiver, trustee, guardian, executor, administrator,
fiduciary or representative of any kind, or any partnership, firm,
association, public or private corporation or any of their affiliates,
or any other entity.

A development comprised of a combination of land uses or
varying intensities of the same land use in accordance with an integrated
plan that provides flexibility in land use design, approved by the
Town of Leonardtown, with at least 20% of the land permanently dedicated
to open space, and corresponds to the PUD-5 Zoning District.

The creation of a biological community dominated by trees and
other woody plants containing at least 100 live trees per acre with
at least 50% of those trees having the potential of attaining a two-inch
or greater trunk diameter measured at 4.5 feet above the ground, within
seven years; or

May be performed under a municipal separate storm sewer system
permit, a watershed implementation plan growth offset or another plan
administered by the state or local government to achieve or maintain
water quality standards.

A unit of county or municipal government, including a public utility
or public works project, making application for a subdivision, project
plan, grading or sediment control approval on areas 40,000 square
feet or greater.

Areas governed by the Chesapeake Bay Critical Area Protection Law,
Natural Resources Article, §§ 8-1801 through 8-1817,
of the Annotated Code of Maryland, including those areas into which
critical area forest protection measures have been extended under
Natural Resources Article § 5-1602(c), Annotated Code of
Maryland;

Commercial logging and timber harvesting operations, including harvesting
conducted subject to the forest conservation and management program
under the Tax-Property Article, § 8-211, of the Annotated
Code of Maryland, that are completed:

Agricultural activities not resulting in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices, except that a person engaging in an agricultural activity clearing 40,000 square feet or greater of forest within a one-year period may not receive an agricultural exemption unless the person files a declaration of intent as provided for in § 80-4 of this chapter, which includes:

The cutting or clearing of public utility rights-of-way licensed
under the Annotated Code of Maryland, Article 78, §§ 54A
and 54B or § 54-I, or land for electric generating stations
licensed under the Annotated Code of Maryland, Article 78, §§ 54A
and 54B or § 54-I, if:

Is the subject of a declaration of intent filed with the Planning Office, as provided for in § 80-4 of this chapter, stating that the lot will not be the subject of a regulated activity within five years of the cutting, clearing or grading of forest.

Maintenance or retrofitting of a stormwater management structure
that may include clearing of vegetation or removal and trimming of
trees, so long as the maintenance or retrofitting is within the original
limits of disturbance for construction of the existing structure or
within any maintenance easements for access to the structure.

A stream restoration project, as defined in § 80-2 of this chapter, for which the applicant for a grading or sediment control permit has executed a binding maintenance agreement of at least five years with the affected property owner or owners.

The
purpose of the declaration of intent is to verify that the proposed
activity is exempt under the Natural Resources Article, §§ 5-103
and 5-1601 through 5-1612, of the Annotated Code of Maryland, and
this chapter.

Commercial logging and timber harvesting. The requirements for a
declaration of intent may be satisfied by a forest management plan
for the entire tract, prepared by a forester licensed in Maryland
according to the Business Occupations and Professions Article, Title
7, Annotated Code of Maryland, which outlines management practices
needed to meet the stated objectives for a minimum of five years.

Agricultural activities or commercial logging and timber harvesting. A declaration of intent may be part of an amended sediment and erosion control plan which ensures that the activity meets the conditions for an exemption as stated in § 80-3B(3) and (4) of this chapter.

A
person making application after the effective date of January 1, 1993,
for subdivision or local agency project plan approval, a grading permit,
or a sediment control permit, or a sediment control permit for an
area of land 40,000 square feet or greater shall:

A
forest stand delineation shall be submitted at the initial stages
of subdivision or project plan approval, before a grading permit application,
or before a sediment control application is submitted for the tract
being developed.

If
approved by the Planning Office, a simplified delineation, a concept
plan or plat, preliminary plat or plan, sediment control plan, or
other appropriate document, verified by a site visit, if appropriate,
may substitute for the forest stand delineation if:

If priority forests and priority areas cannot be left undisturbed,
how the sequence for afforestation or reforestation will be followed
in compliance with the Natural Resources Article § 5-1607,
of the Annotated Code of Maryland.

The
applicant shall demonstrate to the satisfaction of the Planning Office
that the requirements for afforestation or reforestation on-site or
off-site cannot be reasonably accomplished if the applicant proposes
to make a payment into the local forest conservation fund or to purchase
credits from a forest mitigation bank.

Nontidal
wetlands. A regulated activity within the net tract area that occurs
wholly or partly in areas regulated as nontidal wetlands under Environment
Article, Title 9, Annotated Code of Maryland, is subject to both the
nontidal wetlands regulatory requirements and the requirements of
this chapter, subject to the following:

For the purpose of calculating reforestation mitigation under this
chapter, a forested nontidal wetland permitted to be cut or cleared
and required to be mitigated under COMAR 08.05.04 shall be shown on
the forest conservation plan and subtracted on an acre-for-acre basis
from the total amount of forest to be cut or cleared as part of a
regulated activity.

Forested nontidal wetland identification and delineation should be
included at the earliest stage of planning to assist the applicant
in avoidance and reduction of impacts to the nontidal wetlands and
to avoid delay in the approval process.

In the case of afforestation or reforestation, include an afforestation
or reforestation plan, with a timetable and description of needed
site and soil preparation, species, size and spacing to be used.

Incorporate a binding two-year maintenance agreement specified in
COMAR 08.19.05.01 that details how the areas designated for afforestation
or reforestation will be maintained to ensure protection and satisfactory
establishment, including:

Limits uses in areas of forest conservation to those uses that are
designated and consistent with forest conservation, including recreational
activities and forest management practices that are used to preserve
forest.

The
Planning Office's review of a final forest conservation plan
shall be concurrent with the review of the final subdivision or project
plan, grading permit application or sediment control application associated
with the project.

A person making application after the effective date of this
chapter for subdivision or project plan approval, a grading permit
or a sediment control permit for an area of land of 40,000 square
feet or greater shall:

Forest cut or cleared below the required afforestation level shall
be reforested or afforested at a ratio of 2:1 and added to the amount
of afforestation necessary to reach the minimum required afforestation
level, as determined by the amount of forest existing before cutting
or clearing began.

The following trees, shrubs, plants and specific areas are considered
priority for retention and protection and shall be left in an undisturbed
condition unless the applicant has demonstrated, to the satisfaction
of the Planning Office, that reasonable efforts have been made to
protect them and the plan cannot be reasonably altered:

Trees, shrubs and plants located in sensitive areas, including the
one-hundred-year floodplain, intermittent and perennial streams and
their buffers, steep slopes, nontidal wetlands and critical habitats.

The following trees, shrubs, plants and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Planning Office, that the applicant qualifies for a variance in accordance with § 80-18 of this article:

A forest conservation threshold exists for all land use categories, as provided in Subsection B of this section. The forest conservation threshold means the percentage of the net tract area at which the reforestation requirement ratio changes from a ratio of 1/4 acre planted for each acre removed above the threshold, to a ratio of two acres planted for each acre of forest removed below the threshold.

After reasonable efforts to minimize the cutting or clearing of trees and other woody plants have been exhausted in the development of a subdivision or project plan, grading and sediment control activities and implementation of the forest conservation plan, the forest conservation plan shall provide for reforestation, purchase of credits from a forest mitigation bank, or payment into the forest conservation fund, according to the formula set forth in Subsections B and C of this section and consistent with § 80-7 of this chapter and the following forest conservation thresholds for the applicable land use category:

For all existing forest cover measured to the nearest 1/10 acre cleared
on the net tract area above the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of 1/4 acre
planted for each acre removed.

Each acre of forest retained on the net tract area above the applicable forest conservation threshold shall be credited against the total number of acres required to be reforested under Subsection C(1). The calculation of the credit shall be according to the criteria provided in the Forest Conservation Technical Manual.

For all existing forest cover measured to the nearest 1/10 acre cleared
on the net tract area below the applicable forest conservation threshold,
the area of forest removed shall be reforested at a ratio of two acres
planted for each acre removed below the threshold.

Acquisition of an off-site protection easement on existing forested
areas not currently protected in perpetuity as a mitigation technique,
in which case the afforestation or reforestation credit may not exceed
50% of the area of forest cover protected.

When all other options, both on-site and off-site, have been exhausted,
landscaping as a mitigation technique conducted under an approved
landscaping plan that establishes a forest that is at least 35 feet
wide and covering 2,500 square feet or more of area.

A sequence other than the one described in Subsection A of this chapter may be used for a specific project, if necessary, to achieve the objectives of the Town land use plan, or Town policies, or to take advantage of opportunities to consolidate forest conservation efforts.

On-site afforestation or reforestation where the retention options have been exhausted, using methods selected in accordance with Subsection F of this section, and the location being selected in accordance with this subsection;

Off-site afforestation or reforestation in the same watershed or
in accordance with an approved master plan where the applicant has
demonstrated that no reasonable alternative on-site exists, or where;

In the cases cited in Subsection C of this chapter, the method shall be selected in accordance with Subsection F of this chapter and the location shall be selected in accordance with Subsection C of this chapter.

Establish or increase existing forested corridors to connect existing
forests within or adjacent to the site and, where practical, forested
corridors should be a minimum of 300 feet in width to facilitate wildlife
movement;

A person required to conduct afforestation or reforestation under
this section shall accomplish it within one year or two growing seasons,
whichever is a greater time period, following development project
completion.

If a person subject to this chapter demonstrates to the satisfaction
of the Planning Office that requirements for reforestation or afforestation
on-site or off-site cannot be reasonably accomplished, the person
shall contribute money into the St. Mary's County Forest Conservation
Fund:

For a project inside a priority funding area, as defined in the Natural
Resources Article, § 5-1610, Annotated Code of Maryland,
at a rate of $30.5 per square foot of the area of required planting
with the amount adjusted by the Town based on the previous year's
inflation rate; and

The Town shall forward payments to the St. Mary's County Forest
Conservation Fund to be expended in accordance with the county regulations
and requirements, or to the State Forest Conservation Fund, which
shall determine when contribution is allowable under COMAR 08.19.02.01I.
The Town reserves the right to establish its own fund as allowed under
the State Forest Conservation Regulations.

If a person subject to this chapter demonstrates to the satisfaction
of the Planning Office that requirements for reforestation or afforestation
onsite or offsite cannot be reasonably accomplished, the person may
contribute credits from a forest mitigation bank. A credit is required
for each 1/10 of an acre of an area of required planting.

Be protected by an easement, deed restrictions, or covenants
which require the land in the bank to remain forested in perpetuity
and are enforceable by the Town of Leonardtown and the Department
of Natural Resources;

Limit the use of the land in the bank to those activities which
are not inconsistent with forest conservation such as recreational
activities, forest management under a forest conservation and management
program under Tax-Property Article, § 8-211, Annotated Code
of Maryland, or activities specified in a forest management plan prepared
by a licensed forester and approved by the Town;

Establish or increase existing forested corridors, which where
practical should be a minimum of 300 feet in width to facilitate wildlife
movement, to connect existing forests within or adjacent to the site;

Detailed afforestation or reforestation plan, which shall include
a timetable and description of the site and soil preparation needed,
species, size, and spacing to be utilized, prepared by a licensed
Maryland forester, a licensed landscape architect, or a qualified
professional who meets the requirements stated in COMAR 08.19.06.01A;
and

Description of the system to be used by the person owning and
operating the forest mitigation bank to identify and keep track of
which portions of the bank have been debited to meet an applicant's
offsite afforestation or reforestation requirements.

An acknowledgment that the bank may not debit any portion of
the afforested or reforested land until two years of successful growth
has been achieved unless the banker has posted a bond or alternate
form of security.

The Planning Office shall adopt a list of tree species from a DNR-approved
list to be used for any required afforestation or reforestation and
incorporate it into the Forest Conservation Technical Manual.

A person required to conduct afforestation or reforestation under
this section shall furnish financial security in the form of a bond,
an irrevocable letter of credit or other security approved by the
Planning Office. The surety shall:

After one growing season, the person required to file a bond under Subsection A of this section may request reduction of the amount of the bond or other financial security by submitting a written request to the Planning Office with a justification for reducing the bond or other financial security amount, including estimated or actual costs to ensure that afforestation or reforestation requirements are met.

If, after two growing seasons, the plantings associated with the
afforestation or reforestation meet or exceed the standards of the
Forest Conservation Manual, the amount of the cash bond, letter of
credit, surety bond or other security shall be returned or released.

The Town shall adopt standards for the protection of trees from construction
activity that are at least as effective as the standards provided
in the Department of Natural Resources Forest Conservation Manual.

Before cutting, clearing, grading or construction begins on a site
for which a forest conservation plan is required by this section,
the applicant shall demonstrate to the satisfaction of the Planning
Office that protective devices have been established.

A person may request a variance from this chapter or the requirements
of the Natural Resources Article, §§ 5-1601 through
5-1612, of the Annotated Code of Maryland, if the person demonstrates
that enforcement would result in unwarranted hardship to the person.

There is established by this chapter the right and authority of the
Department of Natural Resources to initiate or intervene in an administrative,
judicial or other original proceeding or appeal in the state concerning
an approval of a variance under the Natural Resources Article, §§ 5-1601
through 5-1612, of the Annotated Code of Maryland, or this chapter.

A person found to be in noncompliance with this chapter, regulations
adopted under this chapter, the forest conservation plan or the associated
two-year maintenance agreement shall be assessed by the Town the penalty
of $0.30 per square foot of the area found to be in noncompliance
with required forest conservation.

Money collected under Subsection A(1) of this section shall be deposited in the forest conservation fund as required by § 80-14 of this chapter and may be used by the Town for purposes related to implementing this chapter.

Violation. In addition to the provisions under Subsection A of this section, a person who violates a provision of this chapter or a regulation or order adopted or issued under this chapter is liable for a penalty not to exceed $1,000, which may be recovered in a civil action brought by the Town. Each day a violation continues is a separate violation.

The size and location of all conserved and planted forest areas shall
be submitted in an electronic geographic information system or computer
aided design format if possible. If not possible, the location shall
be given by Maryland State Plane Grid Coordinates and eight-digit
subwatershed.

This chapter is hereby enacted and becomes effective August
3, 2015. This chapter may be amended as required. All amendments to
this chapter are subject to the approval of the Department of Natural
Resources.